Towards increased regulation of digital services in the DRC

The legal framework for the digital sector in the Democratic Republic of Congo has reached a decisive milestone. On 11 March 2026, two key ministerial orders were signed by the Minister of Digital Economy to structure market access for all digital service providers. These texts operationalise the provisions of Ordinance-Law No. 23/010 establishing the Digital Code.

The new framework is based on a clear distinction between activities subject to authorisation and those subject to mere declaration.

Order No. 004 subjects to prior authorisation by the Minister responsible for digital affairs those digital activities that present a systemic risk, a sovereignty issue, or involve sensitive data. These notably include:

- payment and electronic money platforms;
- critical infrastructure operators (data centres, sovereign cloud);
- digital identity and trust services;
- large-scale processing activities of personal or health data.

Order No. 005 establishes a prior declaration regime for lower-risk digital activities, such as:

- online content services (blogs, non-profit educational or cultural platforms);
- low-volume local marketplaces;
- digital intermediation activities without large-scale data collection.

The declaration is made digitally through a single portal, the creation of which is planned within 90 days following the entry into force of the order. The declaration receipt is issued within 15 days. Absence of opposition confers the right to operate.

Processing of applications is provisionally entrusted to the Postal and Telecommunications Regulatory Authority of Congo (ARPTC).

The strictness of these new texts comes with a tight deadline for actors already present on the market. All service providers have a grace period running until 30 June 2026 to regularise their situation. Beyond this date, carrying out digital activities without a valid authorisation or declaration exposes companies to severe sanctions, ranging from heavy administrative fines to the immediate suspension of their services on national territory.

This regulatory development secures investments by providing a stable legal framework, but it requires increased vigilance regarding compliance of technical solutions and governance structures. Our firm assists technology companies in auditing their processes and preparing their application files to ensure a smooth transition towards this new regulatory standard.

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